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Teresa Boyd

Can I deduct real estate commissions on my home that later became a rental property?

I purchased a house back in 2020 and decided to turn it into a rental property in 2023. I know I'm getting into the weeds with tax questions, but I've been trying to figure out depreciation correctly. Since closing costs can typically be added to the depreciation calculation, I'm wondering if I can add the real estate commission and other closing costs from my original purchase to get an adjusted basis for depreciation purposes? Or does the fact that I didn't buy it as a rental property initially mean those original costs can't be included? The property wasn't used for rental activity when I purchased it, so I'm not sure if that disqualifies those expenses from the basis calculation. Any insights from someone who knows about rental property depreciation would be helpful!

Yes, you can absolutely include the closing costs from your original purchase in the depreciable basis of your rental property, even though it wasn't initially purchased as a rental. When you convert a personal residence to a rental, your depreciable basis is the lower of either the adjusted basis or the fair market value at the time of conversion. Your adjusted basis includes the original purchase price plus closing costs like real estate commissions, title insurance, recording fees, etc. So those original closing costs from 2020 can be part of your depreciable basis when you started renting it in 2023, assuming your adjusted basis was lower than the fair market value at conversion time.

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So does that mean if the property value went up a lot between 2020-2023, they might not be able to use the original costs in their basis? How do you determine the "fair market value at time of conversion" - do you need an appraisal or something?

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Yes, if the property value dropped between purchase and conversion, you would use the lower fair market value as your basis. If the value increased, you'd use your adjusted cost basis (which includes those closing costs). For determining fair market value at conversion, you have several options. A formal appraisal is the most accurate but can be expensive. Alternatively, you can use comparable sales in the area, a realtor's market analysis, or property tax assessments adjusted for actual market conditions. Whatever method you choose, just make sure you keep documentation to support your valuation in case of an audit.

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Did it actually help with figuring out the fair market value part too? That seems like the trickiest part to me, since you'd need to know what the property was worth when you converted it.

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I'm always skeptical of AI tools for tax stuff. Can it actually cite specific IRS publications or tax code? My accountant charges me a fortune but at least I know he's using official guidelines.

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It absolutely helped with the fair market value determination. It suggested multiple methods for establishing FMV at conversion time and helped me decide which was most appropriate for my situation. The system even created a documentation checklist to support my valuation in case of an audit. The tool actually cites specific IRS publications and tax code sections for every recommendation it makes. It pulled up Publication 527, sections on basis of property changed to rental use, and even referenced relevant tax court cases. I found it much more thorough than my previous tax preparer who just gave generic advice without explaining the underlying rules.

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Just wanted to follow up after trying taxr.ai myself! It was really helpful for my converted rental property questions. I uploaded my closing statement from when I bought the house, and it broke down exactly which closing costs could be added to my basis and which couldn't. It even created a depreciation schedule showing how my real estate commission gets depreciated over 27.5 years. Definitely worth checking out if you're confused about rental property tax stuff.

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Yeah right. Sounds too good to be true. The IRS is understaffed by like thousands of people. No way some service can magically get you through when millions of people can't get answers.

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I need to eat crow here. After my skeptical comment earlier, I decided to try Claimyr since I had my own tax question about rental property depreciation that was driving me crazy. It actually worked! Got through to an IRS rep in about 25 minutes when I had previously spent over 3 hours on hold and got disconnected. The agent walked me through exactly how to handle the real estate commission on my converted property. Definitely changed my mind about this service.

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This is slightly off topic, but does anyone know how to handle depreciation when you convert a rental BACK to a primary residence? I did the opposite of OP - had a rental for years and now I'm moving back in. Do I need to stop depreciating it?

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Yes, you stop depreciating the property once you convert it back to personal use. The property is only depreciable during the period it's used as a rental/business asset. Keep good records of your depreciation deductions over the years because you'll need to recapture that depreciation if you ever sell the property. Even if you're living in it as your primary residence when you sell, the IRS will still want their depreciation recapture tax on the amount you've previously depreciated.

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Thanks for the clear answer! I've been tracking the depreciation all along but wasn't sure if I needed to keep depreciating it or not. Good to know about the recapture too - that's something I hadn't considered.

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Are property taxes and mortgage interest part of the "closing costs" we're talking about for basis calculation? I paid about $3k in prorated property taxes at closing when I bought my house in 2021. It's a rental now as of last month.

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No, property taxes and mortgage interest are generally not added to your basis - those are regular expenses. Closing costs that go into basis are things like title fees, attorney fees, recording fees, transfer taxes, and real estate commissions.

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